VERDICT: Defense, Defendant was negligent in connection with vehicle sliding into Plaintiff’s vehicle at ski resort parking lot but negligence did not cause Plaintiff injuries. [Read more…]
Supervisory control, rulings would increase complexity
SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Insurance, residential construction policy insureds
INSURANCE: Because no named Defendant is an insured under residential construction policy involving convoluted business entities there is no coverage and insurer has no duty to defend against claim by trucker injured by falling bundle of posts… Vannatta. [Read more…]
FTCA/Indians, high-speed pursuit deaths/injuries
FTCA/INDIANS: Material fact issues preclude summary judgment as to discretionary function exception and contributory negligence of drivers of 2 vehicles involved in high-speed pursuit Reservation accidents… Morris. [Read more…]
Inherently dangerous activity, 60-foot roof spans
INHERENTLY DANGEROUS ACTIVITY: Installation of 60-foot long-span roof trusses is inherently dangerous as a matter of law, required special safety precautions to mitigate against the peculiar risks… general contractor potentially liable for injuries suffered by subcontractor’s laborer due to falling truss… Halligan. [Read more…]
Insurance, Injury to Worker Exclusion, renewed policy
INSURANCE: Injury to Worker Exclusion did not become part of renewed policy due to failure to provide proper notice of updating and insurer and insured “stuck their heads in the sand” as to changes in insured’s operations over several policy renewals, no affirmative misrepresentation that would preclude coverage for injured subcontractor of subcontractor… declaration of insurer’s employee stricken as undisclosed expert testimony, not lay testimony as purported… Molloy. [Read more…]
Med-mal damage cap constitutionality, $6 million verdict
MED-MAL DAMAGE CAP constitutional challenge rejected based on Meech, $6 million verdict for failure to timely prescribe “clot-buster” for stroke patient reduced to “nowhere close enough” $250,000… Kutzman. [Read more…]
$6 million verdict, med-mal, stroke
VERDICT: $6 million, med-mal, failure to timely prescribe tPA “clot-buster” for stroke patient. [Read more…]
Comp exclusivity, customer assault, “physical-mental”
COMP EXCLUSIVITY: Mental injuries sustained by store employee in assault by customer related to physical injuries (“physical-mental”), negligence claims barred by exclusivity… case now limited to intentional tort claims for alleged conduct and injuries sustained after the assault… Molloy. [Read more…]
Work comp exclusivity, customer assault injuries
WORK COMP EXCLUSIVITY: Negligence/intentional tort claims by convenience store employee assaulted by customer and claiming physical and mental injuries survive judgment on pleadings in part, fail in part… Molloy. [Read more…]